COCP No. 1381 of 2007 1
In the High Court for the States of Punjab and Haryana at Chandigarh
...
COCP No. 1381 of 2007(O&M)
Date of decision: September 9, 2009
Bhoj Kumar and others ..Petitioners
Versus
Shri Darshan Singh Bains, IAS and others
..Respondents
Coram: Hon’ble Mr. Justice Rakesh Kumar Garg
Present: Mr.J.S.Brar, Advocate
for the petitioners
Mr. M.C.Berry, Addl.A.G.Punjab
for the respondent No.1
Mr. G.S.Sandhawalia, Advocate
for respondent No.2
,,,
Rakesh Kumar Garg, J.(Oral)
C.M.No.21287-CII of 2009
Application is allowed subject to all just exceptions. Additional
affidavit filed by the respondent No.2 is taken on the record
COCP No.1381 of 2007
The grievance of the petitioners in this case is that despite the
directions issued by this court dated 30.1.2004 in CWP No.12761 of 2001, which
were affirmed by a Division Bench of this court vide judgment dated 12.9.2005 in
LPA No.237 of 2004, the respondents have failed to grant the petitioners
minimum of the pay scale.
An additional affidavit of Shri Sukhdev Singh, Executive Officer,
Nagar Panchayat, Sardulgarh, District Mansa has been filed stating that the
respondent-Nagar Panchayat, Sardulgarh has already challenged the order of
this court vide SLP(C) No.257 of 2006 in the Hon’ble Supreme Court of India
which has been admitted in the presence of the counsel for the petitioner and
the stay matter is still pending.
COCP No. 1381 of 2007 2
It has been further submitted in this affidavit that the Directorate of
Local Government Punjab vide letter dated 14.11.2008 has directed that the
compliance of the order dated 30.1.2004 passed by this court in CWP
No.12761of 2001 be made subject to the final decision by the Hon’ble Supreme
Court of India and affidavits of the concerned employees be taken in this regard.
The aforesaid factual position is not disputed by the counsel for the petitioners.
In view of the aforesaid, I am not inclined to proceed further with
the contempt petition.
Rule discharged.
However,the respondents shall be bound by the additional affidavit
dated 4.9.2009 of Shri Sukhdev Singh, Executive Officer, Nagar Panchayat,
Sardulgarh, District Mansa.
September 9, 2009 (RAKESH KUMAR GARG)
nk JUDGE